Terms & Conditions

1. Introduction

a) Saarrth Pehligaadi Private Limited is a private limited company incorporated under the Companies Act, 2013, having its registered office at B-06, Floor-GRD, B Wing, Mumbai Pune MMS Premises, Antop Hill, Mumbai, Maharashtra, India - 400037 (hereinafter referred to as "Pehligaadi" or "Company" or "We" or "Our" or "Us"). The Company owns, operates and manages the domain name www.pehligaadi.com ("Website") and the mobile application PehliGaadi for mobiles, smart devices and any other compatible devices ("Application") under this brand "Pehligaadi" (collectively referred to as the "Platform")

By accessing or using the Platform, the user (hereinafter referred to as "You" or "Your" or "Yourself" or "User") acknowledges that the User has read, understood, and agrees to comply with these Terms and Conditions ("Terms"). If You have any concerns or do not agree with any part of these Terms, We encourage You to reach out to Us for clarification before proceeding with the use of the Platform.

b) Pehligaadi is an online platform designed to transform the way You buy and sell used and unregistered cars. Pehligaadi is a marketplace committed to creating a seamless and transparent car buying experience leveraging its deep industry expertise and innovative technology. The Platform enables Users to browse, market, promote, and avail themselves of various Services, including but not limited to car inspections, price discovery, valuation, listing, and financial services such as loans and insurance offered by third parties. The use of these Services is subject to the Terms outlined herein.

c) These Terms constitute an electronic record in accordance with the Information Technology Act, 2000, and the rules made thereunder. This electronic contract does not require any physical, electronic, or digital signature. These Terms are published in compliance with Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011.

d) Pehligaadi collaborates with third-party service providers to enhance the functionality and performance of the Platform, improve user experience, and analyze customer preferences. By using the Platform, You grant Pehligaadi and its authorized third-party partners permission to collect, store, analyze, and utilize data related to Your interactions with the Platform, including through AI-driven and other technological tools. Such data may be processed for Service enhancement, verification, lead generation, analytics, and personalized recommendations. These activities are undertaken to provide a seamless and customized experience for Users.

e) Please note that Pehligaadi is merely a facilitation platform and does not assume any responsibility for Your interactions with or Services availed from third-party providers or any transactions, including payments, conducted between You and such third parties. Any disputes, claims, or concerns regarding third-party services must be addressed directly with the respective service provider. Additionally, if You choose to access external third-party websites through links provided on the Platform, You acknowledge that You are leaving the Platform, and Pehligaadi is not responsible for the content, policies, or security of such external websites.

f) By using the Platform, You represent that You are at least eighteen (18) years of age and have the legal capacity to enter into a binding contract. The Platform and Services can be accessed and used by those individuals or business entities, including sole proprietorship firms, companies and partnerships, which can form legally binding contracts under the applicable law. If You are using the Platform on behalf of a business entity, You represent that You have the necessary authority to bind such entity to these Terms. The Company reserves the right to terminate the User account and / or deny access to the Platform if it is brought to the Company's notice or if it is discovered that the User does not meet the conditions herein.

g) Pehligaadi may, without notice to You, at any time, revise these Terms and any other information contained on the Website. We may also make improvements or changes in the products, Services, or programs described on the Website at any time without notice. Any new features or tools which may be added to the Platform by the Company shall also be part of these Terms. To ensure that You are aware of the changes, please review the Terms and all the documents referred to hereunder periodically. We will notify You of any material changes made to these Terms periodically.

h) These Terms apply to all Users of the Platform, including without limitation users who are browsers, vendors, and/ or contributors of data, content, information, pictorial representations and/or images.

2. Services

Pehligaadi provides an AI-powered online platform that facilitates the buying and selling of used and unregistered cars, acting as an intermediary between individual Users, dealers and various service providers. The Platform offers a range of services classified into two categories – services which are provided free of cost ("Unpaid Services") and value-added services available at a service fee ("Paid Services") (Unpaid Services and Paid Services to be collectively referred to as "Services") to assist Users in making informed decisions before finalizing transactions, including but not limited to:

A) Unpaid Services:

1. Classic Car Listing: Users can list their cars on the Platform without incurring any fees. However, such listings are subject to limited visibility and relatively lower engagement rates compared to premium options.
2. Car Loan Assistance: Enables Users to explore vehicle financing options offered by third-party loan providers who may reach out based on expressed interest.
3. Car Insurance Assistance: Enables Users to explore and purchase (to be announced shortly) insurance directly through the Platform.
4. Challan Check: Allows Users to view and pay (to be announced shortly) pending challans on their registered vehicles using tools integrated with publicly available data sources.
5. Communication Facilitation: Users may receive platform-generated communications such as notifications, alerts, reminders, or invitations via SMS, email, or in-app messages. These communications are solely triggered and managed by the Pehligaadi team for platform-related purposes and are subject to the User's consent at the time of registration or interaction. Users themselves cannot initiate communications through the platform. However, Users may use the 'Contact Seller' feature, which reveals the seller's contact information (subject to the seller's prior consent) and redirects the User to their device's native calling tool, enabling them to directly reach out to the seller outside the Platform.

B) Paid Services:

Paid Services are value-added offerings designed to deliver enhanced visibility, verified vehicle data, and a higher likelihood of successful transactions. These services are made available upon payment of applicable fees. Paid Services include:

1. Premium Listing: A paid listing feature that offers better visibility and higher engagement rates. Upon successful payment, the listing is published on the Platform with the specifications provided by the User, subject to review and approval by the Pehligaadi quality check team. The listing goes live only once approved in accordance with Our quality standards.
2. Inspection Certified Listing: A listing with the highest tier of visibility and engagement. This service includes scheduling of inspection date and time, on ground vehicle inspection by certified professionals, publication of the listing post successful inspection and quality check approval and issuance of a detailed inspection report. A "certified" tag is awarded only if the vehicle meets Pehligaadi's stringent certification standards. In the event the vehicle fails to meet certification criteria, it will still be listed, with an "inspected" tag, ensuring transparency to potential buyers.
3. Vehicle Background Check: A comprehensive check covering legal, registration, insurance, and accident history of the car to provide peace of mind to buyers.
4. Service History Report: Where available, this report includes a record of the car's past servicing details to offer deeper insight into its upkeep and condition.

Pehligaadi reserves the right to introduce additional features or discontinue existing services at its sole discretion without prior notice or liability.

3. Display of Vehicle Listings

a) Assistance in Deal Search

Pehligaadi's role is solely to assist Users in finding the best available car deals. We do not facilitate sales through Our Platform but aim to connect You with dealers and individual sellers willing to sell their cars through Our Platform.

b) Limited Platform Interaction

Pehligaadi does not engage directly with Users to search for deals. The Platform displays vehicle inventory listed by individual Users and dealers. In cases where a User expresses interest in a listing, Pehligaadi's customer support team may reach out to assess the User's intent to buy a vehicle. Pehligaadi will onboard used car dealers and aggregators who will list their vehicles on the Platform, including prices provided by them, with the intent to sell their inventory through the Platform.

c) Direct Transaction with Individual Sellers & Dealers

If You choose to proceed with a car purchase based on Pehligaadi's deal search, the entire transaction, including payment, occurs directly between You and the identified seller or dealer. Pehligaadi does not collect or process any payment on behalf of the seller or dealer in relation to the vehicle purchase. However, Pehligaadi may collect payments online through an authorized payment gateway solely for the Services it offers on the Platform. Such payments are unrelated to the vehicle sale transaction.

d) Refundable Booking Amount

In the event Pehligaadi is unable to deliver a prepaid Paid Service in full, the User will be entitled to a refund of the amount paid for that particular Paid Service. Pehligaadi is not responsible for any payments or transactions that occur between the buyer and the seller in connection with the purchase of a vehicle. It neither collects nor facilitates refunds for any such car purchase transactions.

e) Booking For Services

Our representatives may reach out to You for any necessary documentation and to facilitate Your booking with Pehligaadi. They may also keep You informed about the progress of Your booking.

f) Limitation of Liability

Pehligaadi is a digital marketplace that displays vehicle listings submitted by individual Users as well as Users such as dealers and aggregators. Pehligaadi does not own or sell any of the vehicles listed, nor does it verify the ownership, condition, or legality of the vehicles unless explicitly engaged to as part of a Paid Service. Pehligaadi offers optional Paid Services, including but not limited to, car background checks, which are conducted based on publicly available and third-party sourced data. While reasonable care is taken to provide accurate information under such Services, Pehligaadi does not guarantee the completeness or accuracy of such reports, nor can it detect concealed defects, undisclosed damages, or fraudulent activities by sellers. Users are strongly advised to conduct their own independent inspections and due diligence before proceeding with any vehicle purchase. Pehligaadi shall not be held liable for any loss, damage, or dispute arising out of or related to a transaction between the buyer and the seller.

4. Access and Use of the Platform

Users may access and browse Pehligaadi's Platform as a guest or by creating an account. Guest Users can view general information and features but may have limited access to certain Services and functionalities. To access full Services, Users must register by providing required details such as name, contact information, and email ID. Upon successful registration, an account will be created with unique login credentials, which the User must keep confidential. Users are solely responsible for all activities conducted through their accounts. If any false, inaccurate, or misleading information is provided during registration, Pehligaadi reserves the right to suspend or terminate the account.

5. User-Generated Content

Users may post, upload, or submit content such as text, images, feedback, and other such related materials ("User Content") on the Platform. By submitting User Content, the User affirms that all information provided is true, accurate, and does not violate any third-party rights or applicable laws. Users acknowledge that Pehligaadi does not verify or endorse the authenticity of User Content and is not liable for any consequences arising from its use. Pehligaadi reserves the right (but not the obligation) to audit, edit, remove or restrict access to any User Content that is unlawful, infringing, or otherwise inappropriate at its sole discretion. While Pehligaadi does not pre-screen User Content, it may refuse, move, or remove content at its sole discretion. Users are solely responsible for their posted content, which does not reflect Pehligaadi's views. Pehligaadi may share relevant information with government authorities for identity verification or legal compliance.

By posting User Content, Users grant Pehligaadi a non-exclusive, worldwide, royalty-free, sub-licensable license to use, display, distribute, and modify the content as required for website functionality and Services.

6. User Obligations

Users must comply with all applicable laws and website policies when accessing and using Pehligaadi's Services. No User shall be permitted to perform any of the following prohibited activities while availing Our Services:

1. Copyright Infringement: Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner, committing any act that amounts to the infringement of intellectual property or making available any material that infringes any intellectual property rights or other proprietary rights of anyone else;
2. Impersonation: Impersonate any person or entity, or falsely state the details;
3. Disruption of Services: Access or use the Platform in any manner that could damage, disable, overburden or impair any of the Platform's servers or the networks connected to any of the servers on which the Platform is hosted;
4. Interference with Security: Intentionally or unintentionally interfere with or disrupt the Services or violate any applicable laws related to the access to or use of the Platform, violate any requirements, procedures, policies or regulations of networks connected to the Platform Services, or engage in any activity prohibited by these Terms;
5. Harm to Platform: Disrupt or interfere with the security of, or otherwise cause harm to, the Platform, materials, systems resources, or gain unauthorized access to User Accounts, passwords, servers or networks connected to the Platform or any affiliated or linked sites;
6. Denial of Service: Interfere with, or inhibit any User from using and enjoying access to the Platform, or other affiliated sites, or engage in disruptive attacks such as denial of service attack on the Platform Services;
7. Illegal Items: Mislead in any way or shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
8. Prohibited Activities: Use deep-links, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to increase traffic to the Platform, to access, acquire, copy or monitor any portion of the Platform, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, or any content, to obtain or attempt to obtain any content, documents or information through any means not specifically made available through the Platform;
9. Alteration of Details: Alter or modify any details of the Services via wrongful means;
10. Fraudulent Use: Any fraudulent use of the Platform or applicable payment method to avail the Services, which causes any monetary loss to the Company as a result of Your action/inaction shall be recovered from You. Without prejudice to the above, the Company reserves the right to initiate legal proceedings against You for the fraudulent use of this Platform or for any other unlawful act or omission in breach of these Terms;
11. Threats to National Interest: Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting of any other nation.

Pehligaadi reserves the right to suspend or terminate User access for any violation of these obligations.

7. Buyer and Seller Responsibilities

Buyers purchase vehicles listed on the Platform at their sole risk, and Pehligaadi makes no warranties or guarantees regarding quality, pricing, or Services. Unauthorized or fraudulent purchases may result in legal action.

Sellers must provide accurate details of listed vehicles and ensure compliance with applicable laws. Misleading listings or violations of these Terms may result in removal of listings, suspension of accounts, or other actions by Pehligaadi. Dealers must refrain from bribery or misuse of the Platform.

8. Terms of Service

By using the Platform, You agree to comply with the following terms and conditions:

A) General Terms

1. Account Registration: To access certain features of the Platform, You may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
2. Account Security: You are responsible for maintaining the confidentiality of Your account credentials and for all activities that occur under Your account. You agree to notify Us immediately of any unauthorized use of Your account or any other breach of security.
3. User Conduct: You agree not to use the Platform for any unlawful purpose or in any way that could harm the Platform or interfere with any other party's use of the Platform. This includes, but is not limited to, transmitting any harmful code, spamming, or engaging in any fraudulent activity.
4. Content Ownership: You retain all rights to the content You post on the Platform. However, by posting content, You grant Pehligaadi a non-exclusive, royalty-free, perpetual, and worldwide license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in connection with the operation of the Platform.
5. Prohibited Activities: You agree not to engage in any of the following activities:
   • Posting false, misleading, or fraudulent information.
   • Impersonating another person or entity.
   • Violating any applicable laws or regulations.
   • Interfering with the operation of the Platform.
   • Engaging in any activity that could harm the reputation of Pehligaadi or its Users.

B) Payment Terms

The following terms apply to any payments made through the Platform:

1. Fees: Pehligaadi charges fees for certain Services as described on the Platform. All fees are non-refundable unless otherwise stated.
2. Payment Methods: You may pay for Services using the payment methods available on the Platform. By providing payment information, You represent and warrant that You are authorized to use the payment method.
3. Taxes: You are responsible for any taxes or duties associated with Your use of the Platform, and You agree to pay all such taxes and duties.
4. Refunds: Refunds, if applicable, will be processed in accordance with Pehligaadi's refund policy, which is available on the Platform.

C) Buyer and Seller Obligations

The following terms apply to both buyers and sellers using the Platform:

1. Accurate Information: You agree to provide accurate, current, and complete information about Yourself and any vehicle You list or inquire about on the Platform.
2. Vehicle Listings: Sellers are responsible for the accuracy and completeness of their vehicle listings, including all descriptions, images, and pricing information.
3. Transaction Completion: Both buyers and sellers agree to complete transactions in a timely manner and to communicate honestly and professionally throughout the process.
4. Inspection: Buyers are encouraged to inspect vehicles thoroughly before completing a purchase. Pehligaadi is not responsible for the condition of any vehicle listed on the Platform.
5. Payment and Delivery: Payment and delivery terms are to be agreed upon between the buyer and seller. Pehligaadi is not a party to any transaction and is not responsible for any disputes that may arise.

D) Limitation of Liability

To the maximum extent permitted by law, Pehligaadi shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

1. Your access to or use of or inability to access or use the Platform.
2. Any conduct or content of any third party on the Platform.
3. Any content obtained from the Platform.
4. Unauthorized access, use, or alteration of Your transmissions or content.

In no event shall Pehligaadi's total liability to You for all damages, losses, or causes of action exceed the amount paid by You, if any, for accessing or using the Platform.

E) Indemnification

You agree to indemnify, defend, and hold harmless Pehligaadi, its affiliates, officers, directors, employees, agents, and third-party partners from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) that such parties may incur as a result of or arising from Your (or anyone using Your account's) violation of these Terms. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You and, in such case, You agree to cooperate with our defense of such claim.

F) Termination

Pehligaadi reserves the right, in its sole discretion, to terminate or suspend Your account and access to the Platform, with or without notice, for any reason, including but not limited to a breach of these Terms. Upon termination, Your right to use the Platform will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

G) Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law provisions. Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration in Mumbai, India, in accordance with the Arbitration and Conciliation Act, 1996, for the time being in force. The arbitration shall be conducted by a single arbitrator appointed by Pehligaadi. The language of the arbitration shall be English. The decision of the arbitrator shall be final and binding on the parties.

H) Miscellaneous

1. Entire Agreement: These Terms constitute the entire agreement between You and Pehligaadi regarding the use of the Platform and supersede all prior agreements and understandings, whether written or oral.
2. Waiver: The failure of Pehligaadi to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
3. Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
4. Contact Information: If You have any questions about these Terms, please contact us at support@pehligaadi.com.

9. Use of Platform

1. The Company may at its sole discretion, create promotional codes that may be redeemed for account credit or any other benefits or features extended to the User, subject to any terms and conditions as may be specified therein. You agree that the promotional codes shall be subject to the terms and conditions as associated therein and specified by the Company. The Terms specified herein shall continue to apply.
2. The information provided on this Platform is free of charge and for informational purposes only and does not create a business or professional services relationship between You and Pehligaadi. Links on this Platform may lead to services or websites not operated by Pehligaadi. No judgment or warranty is made with respect to such other services or websites and Pehligaadi takes no responsibility for such other websites or services. A link to another website or service is not an endorsement of that website or service. Any use You make of the information provided on this Platform, or any Platform or service linked to by this site, is at Your own risk.
3. The Platform is compatible only with certain devices/tablets/instruments/ hardware. The Company shall not be obligated to provide or update compatible hardware or devices necessary to access or use the Services and Platform and any updates thereto. The Company reserves the right to upgrade the table/type of compatible devices as it may deem fit from time to time.
4. The Company shall have no responsibility for any loss or damage caused to the device or any other hardware and/or software and/or instrument, including loss of data or effect on the processing speed, resulting from Your use of Our Services.
5. You agree that You will not access Our Website or Services through automated means (like bots, scrapers, or scripts) without Our prior written permission. You also agree not to use Our Website or Services for any unlawful, fraudulent, or abusive purposes in violation of Indian laws.
6. You agree that anything uploaded or posted by You as feedback will be accessible to other. Third party services may be used to operate the tools that enable such content to be accessible to others.
7. You hereby represent to be responsible for the information provided by You and the same will be in accordance with applicable law. You acknowledge that anything that is uploaded or posted represent Your views, and not of Pehligaadi.
8. The Services may include services, content, documents, and information owned by, licensed to, or otherwise made available by a third party or contain links to third party services. You understand that third party services are the responsibility of the third party that creates or provides such third party services and acknowledge that use of such third party services is solely at Your own risk.
9. The inclusion of hyperlinks or contents of third parties shall not in any manner constitute an endorsement or certification of the products of those third parties. You shall be solely responsible for any or all the consequences that arise out of Your use of such third party content or hyperlinks to other websites.
10. No contents or information on the Platform may be reproduced in any form or incorporated into any internet website or any other information retrieval system, either electronic or mechanical. It is a condition of Your use of this Platform that You do not restrict or inhibit any other user from using this Platform.
11. Pehligaadi does not control the information provided by the User. Please ensure that You use Your common sense, caution and safe trading practices when using this Platform.
12. If You come across any comment or feedback that is abusive, racist, hateful, sexual or obscene in nature in a public area or infringes any Intellectual Property Rights, We request You to inform Pehligaadi via the contact details as mentioned herein in clause 22 and Pehligaadi will ensure that appropriate action will be taken.

10. Disclaimer of Warranties and Liability

Pehligaadi provides all website content, third-party information, and services on an "as is" basis without any warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

By accessing or using Our Platform and Services, You acknowledge that such use is at Your own risk. We do not guarantee that:

• The Platform or Services will be uninterrupted, error-free, or secure.
• The results obtained from using the Platform or Services will be accurate or reliable.
• Any defects will be corrected, or the Platform will be free from viruses or harmful components.

Pehligaadi shall not be liable for any losses, damages, or disruptions caused by system failures, internet issues, third-party actions, or circumstances beyond our control. Any content, software, or materials downloaded from the Platform are at Your sole risk, and We are not responsible for any damage to Your device or data loss.

By using our Services, You agree that Pehligaadi is not responsible for any unauthorized use of Your account or third-party platform-related errors.

11. Proprietary Information and Intellectual Property

a) Except as expressly stated in these Terms, all information, content, material, trademarks, services, marks, trade names, and trade secrets including but not limited to the software, text, images, graphics, video, script and audio, contained in the Platform and/or Services are proprietary property of the Company (“Proprietary Information”). No Proprietary Information may be copied, downloaded, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any way without obtaining prior written permission of the Company and nothing on the Platform and/or Services shall be deemed to confer a license of or any other right, interest or title to or in any of the intellectual property rights belonging to the Company, to the User. The Company shall at all times retain full and complete title to the information, content or materials and all intellectual property rights inserted by the Company on such medium. The Platform and Services are protected by the copyright, trademark, patent and other applicable laws of India.

b) The Company grants You a limited, non-exclusive, non-transferable right to access the Services. Except the right specifically mentioned herein, no right, title or interest shall be transferred to the User.

c) You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights in or associated with the Platform and/or Services. All trademarks, service marks, logos, trade names, and any other proprietary designations of Pehligaadi used on or in connection with the Platform and/and Services are trademarks of Pehligaadi in India and abroad and are subject to the exclusive ownership of Pehligaadi.

d) Certain contents on the Platform may belong to third parties. Such contents have been reproduced after obtaining prior consent from said party and all rights relating to such content will remain with such third party. Further, You agree and acknowledge that the ownership of all trademarks, copyrights, logos, service marks and other intellectual property owned by any third party shall continue to vest with such party. You are not permitted to use the same without the consent of the respective third party.

e) It is clarified that any use of the Platform, content, marks or other intellectual property rights of Pehligaadi in contravention of these Terms or any applicable law shall constitute the infringement of such intellectual property right of Pehligaadi or their respective third party, upon which Pehligaadi or third party may initiate the appropriate legal proceedings against the User.

12. Indemnity

a) The User agrees to defend, indemnify and hold harmless the Company, its subsidiaries, affiliates, vendors and its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

1. Use of and access of the Platform/Services by the User;
2. Violation by the User of these Terms and/or the privacy policy or any other conditions/disclaimers displayed on the Platform from time to time;
3. Violation by the User of any third party right, including without limitation, any copyright, property, or privacy right;
4. Any claim that the User’s use of the Platform/Services has caused damage to a third party.

This obligation will survive the Terms. It is further to be noted that the User shall not compromise or settle any claim or admit any liability or wrongdoing on the part of Pehligaadi without Pehligaadi’s prior written consent.

b) In addition to the Terms expressly provided, in no event shall the Company, its officers, directors, employees, partners or agents be liable to the User or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits or any other claim arising out, of or in connection with, the User’s access to, the Platform use of the Services.

13. Limitations and Exclusions of Liability

a) Notwithstanding any provisions in these Terms, the liability of the Company towards any use of the Services and/or access of the Platform or pursuant to the Terms or on account of any other reason, shall at all times be limited to the amount of consideration or fees received by Us from such User for the Service.

b) You expressly understand and agree that none of Pehligaadi and its directors, officers, employees, agents and affiliates shall be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Pehligaadi has been advised of the possibility of such damages), resulting from:

1. The use of or the inability to use the Platform;
2. Interrupted, untimely and unsecured services.
3. Unauthorized access to or alteration of your transmissions or data;
4. Statements or conduct of any third party on the site; or
5. Any other matter relating to the site.

c) If You are dissatisfied with the Platform, or any of the information contained thereon, or refuse to abide by these Terms, Your sole and exclusive remedy is to discontinue Your use of the Platform.

d) Notwithstanding the foregoing, the liability of Pehligaadi and its directors, officers, employees, agents and affiliates to You shall be limited in all instances to the sum of payments made for merchandise purchased through this Platform, but in no case shall such amount exceed Pehligaadi. You further agree not to join in any lawsuit with another person or serve as a class representative of any class action lawsuit against any of Pehligaadi and its directors, officers, employees, agents and affiliates arising out of the use of the site.

e) None of Pehligaadi and its directors, officers, employees, agents and affiliates shall be held liable for any representations or warranties set forth on third party sites in relation to the information provided in this Platform.

f) Without limiting the foregoing, Pehligaadi shall not be held liable for any delay or failure in performance caused directly or indirectly by events beyond its reasonable control. This includes but is not limited to, natural disasters, internet outages, failures of computer, telecommunication, or other equipment, power outages, strikes, labor disputes, riots, civil unrest, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, government actions, orders from domestic or foreign courts or tribunals, third-party non-performance, or disruptions or fluctuations in heating, lighting, or air conditioning systems.

14. Disclaimer

a) You acknowledge, agree and confirm that the Company and/or its representatives will not be held responsible or in default for any delays or failure or issues in the performance resulting from acts beyond the control of the Company, including but not limited to acts of God, weather (floods, tempest, tsunami etc), power failure, governmental actions, war or national emergency (whether declared or not), acts of terrorism, protests, riot, lockdowns, civil commotion, fire, explosion, flood, and/or pandemics/epidemics.

15. Jurisdiction

a) These Terms shall be governed and construed in accordance with the laws of India without reference to any choice or conflict of laws provisions. The courts of Mumbai, India shall have exclusive jurisdiction in case of any matter arising out of or in connection with these Terms.

b) The disputes arising out of or in connection with the Terms and/or any other conditions/disclaimers forming part of the Platform shall be referred to arbitration to be conducted by sole arbitrator appointed by the Company and shall be settled in accordance with the Arbitration and Conciliation Act, 1996, as may be amended from time to time. The decision of the sole arbitrator shall be final and binding on the Parties. The venue and seat of arbitration shall be Mumbai and language shall be English.

16. Entire Agreement

The Terms, along with the privacy policy, and any other guidelines made applicable to the Platform/Services from time to time, constitute the entire agreement between the Company and the User with respect to the access to or use of the Application, Website, WebApp and the Services thereof.

17. Assignment

The User cannot assign or otherwise transfer their registration, rights or obligations under the Terms, or any right granted hereunder to any third party. The Company's rights or obligations under the Terms are freely transferable by the Company to any third parties without prior written consent of the User.

18. Severability

If any provision of these Terms is deemed unlawful, void, voidable or unenforceable for any reason, then that provision shall be deemed severable from these Terms and shall not affect the validity or enforceability of any remaining provisions.

19. No Agency or Partnership

You and Pehligaadi operate as independent entities. Nothing in these Terms creates a partnership, joint venture, agency, franchise, or employer-employee relationship between us. Each party remains solely responsible for its own actions, obligations, and liabilities.

20. Waiver

Any failure by the Company to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by the Company of that provision or right.

21. Feedback

Any feedback provided by the User with respect to the Platform shall be deemed to be non-confidential and may be used on an unrestricted basis to improve the quality of Services offered by the Company. Further, the User represents and warrants that (i) the feedback does not contain confidential or proprietary information of the User or of third parties; (ii) the Company is not under any obligation of confidentiality, express or implied, with respect to the feedback; and (iii) the User is not entitled to any compensation or reimbursement of any kind from the Company for the feedback under any circumstances.

22. User Experience

We attempt to make all best endeavours to provide Our Users with a content, satisfying and enjoyable experience. In the unlikely event that You face any issues or wish to give any feedback, please contact Us at support@pehligaadi.com.

You acknowledge and agree to the Terms and understand that they shall apply to Your use of the Platform and Services. The Company has given You a reasonable opportunity to review these Terms and after reviewing and understanding the Terms, You have agreed to the same.

23. Grievance Redressal

If You have any complaints regarding violations of the Information Technology Act, 2000 as well as the Digital Personal Data Protection Act, 2023, its applicable rules, or any other concerns related to the Website, You may contact the Grievance Officer at the Company at the details provided below:

Name: Rishita Das
Email: support@pehligaadi.com
Working Days: Monday to Saturday
Working Hours: 10AM to 7PM

We are committed to addressing Your concerns in a timely manner.